Ethical and Liability Considerations

ETHICAL AND LIABILITY CONSIDERATIONS

Am I responsible if an extern/practicum student makes an error or if there is an action brought against the extern/practicum student?

As the extern’s/practicum student’s supervisor, it is possible that you could be named in a lawsuit if there is action brought against the extern/practicum student. This could indeed be the case if you are judged to have been negligent in your supervision of the extern/practicum student.

If such legal action occurs, will my professional liability insurance “cover” me?

Liability insurance purchased through the American Psychological Association Insurance Trust (APAIT) apparently covers the psychologist in the event of actions against an intern under the psychologist’s supervision.

Our latest information continues to show that the American Professional Agency (this is NOT APAIT), a national insurer for psychologists, covers the professional in the event of actions against an extern/practicum student under the psychologist’s supervision. CMHC need to check with their own medical malpractice insurance about their coverage with supervision

Does my liability insurance protect the extern/practicum student, i.e., what happens if the extern/practicum student is sued?

In many graduate programs, the student is required to purchase liability insurance at a nominal fee. The CMHC should look into these arrangements to see if this is the case with the schools with whom you work.

How can I possibly teach an extern/practicum student all the aspects of legal and ethical considerations?

Many programs will not allow graduate students to pursue a practicum or externship until completing an ethics course. Check to see if this is the case with graduate programs from which you accept externs/practicum students. If not, the CMHC can make this a requirement of students.

Even if an extern/practicum student has taken an ethics course, what can I do to increase their knowledge and practice of ethical considerations?

Having an extern/practicum student move slowly at the beginning of the training experience would help. You might have the extern/practicum student sit in on a variety of interventions you have with students (and staff) before they go “solo”. You can also set up expectations for independent reading on the extern’s/practicum student’s part. For example, you can have the

Ethical and Liability Considerations 1 extern/practicum student read material from some of the ethics texts or articles that you have found helpful. This reading can even be required before starting the training experience.

If the extern/practicum student has enough free time, you can have them complete a project in which articles, texts, resources, etc. regarding ethical considerations are gathered. This material will then form the foundation of ethical/liability reading assignments for future externs/practicum students. Your extern/practicum student can also start the creation of an “ethics case book” with examples of ethical situations that arise during the externship/practicum. Again, this would be an excellent resource for future externs/practicum students.

Do I need to do anything special before becoming a supervisor?

In almost all cases, the CMHC will need to have a competency in supervision before supervising an extern/practicum student. Each state has different standards for how to acquire a competency, so check with your licensing board. Essentially, if you do not have a competency for supervision and you supervise an extern/practicum student, you are practicing outside of the scope of your license.

On a different note, what kind of guideline should one follow for social events at Job Corps that could involve the extern/practicum student? Suppose a number of staff go out for “happy hour” after work. Would it be acceptable to have the extern/practicum student join the group?

Try this visualization exercise. Imagine another staff person sexually approaching the extern/practicum student. Or, imagine that some accusation is brought against you in connection to the incident. Now visualize the opposing attorney asking you how much you drank, as well as questions about the differential of power inherent in the situation….Whew, now you can calm down.

In general, as professional or mature as an extern/practicum student may be, keep in mind that this person is a trainee. The relationship between the supervisor and extern/practicum student (parallel to relationships with patients) should solely be supervisor-extern/practicum student.

Ethical and Liability Considerations 2